Spousal Support (Alimony)

Divorce is the end of a marriage, but it may not end the obligation of one spouse to the other. In some cases, one spouse may have more financial resources than the other. Whether a prenuptial agreement is in place or not, this earning discrepancy may mean one spouse is entitled to ask the court to order spousal maintenance, also known as spousal support or alimony.

Spousal maintenance is financial assistance awarded to one partner to help them achieve financial independence. Alimony is awarded based on factors such as the duration of the marriage, each person’s earning capacity, contribution to household or career and physical health.

Contact us to learn more, and continue reading about the different types of spousal maintenance below.

Spousal Maintenance, Spousal Support Or Alimony

Why Does Spousal Maintenance Exist?

If it’s determined one spouse lacks the property or income to allow them to meet their reasonable needs (i.e. pay their bills), then the other spouse may be required to provide maintenance.If the second spouse is not able to meet their own reasonable needs while making spousal maintenance payments, spousal support may or may not be ordered.

The spouse who is seeking maintenance will need to show both that they have a need for maintenance and the other spouse has the ability to pay maintenance. An attorney experienced with spousal support can help you create the best case to show this or can help you negotiate a reasonable payment if your spouse is seeking support.

How Is The Amount Determined?

Spousal maintenance can be set up in any amount, for a temporary or permanent time period. There is no formula to set spousal support, but there are a number of factors to be considered.

The financial resources of each party are evaluated, along with the responsibility they have for children and property. The age and skills of each spouse are taken into account, including if one needs additional training or education to attain a job or to improve their job prospects. Other factors include the duration of the marriage, any loss of earnings, retirement benefits or other property, among others.

Termination Of Spousal Maintenance

Spousal maintenance terminates upon a date set in advance, or upon death or remarriage of the recipient. If the recipient becomes self-supporting through employment or other financial support, this can also lead to termination.

If the recipient lives with another person in a romantic relationship, the payor may be able to ask for a reduction, suspension or termination of alimony payments.

If the recipient needs an extension of alimony, they must request a modification before the payments end.

Contact An Attorney For Spousal Maintenance Help Today

Jennifer Nixon establishes close working relationships with clients, resulting in strong and effective representation characterized by caring and understanding.

If you find yourself in need of a lawyer for issues related to spousal maintenance, spousal support or alimony, please contact the Law Office of Jennifer Nixon to schedule an appointment.

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